Battery

what is battery

The intentional or reckless application of unlawful force to another person

what is the actus reus of Battery

Actual application of unlawful force

what is the mens rea of Assault

intention to apply unlawful physical force to another person or recklessness to whether the force is applied to another

what is there no requirement to prove in battery(case)

To prove harm or pain (Marland v Dpp

Examples of what the unlawful force can be (Case)

slightest touch(collins v willcock)  touching someone’s clothes while there wearing it ( R V Thomas) 

two ways battery can also be committed by (Case)

Omission ( Dpp v santana-bermudez - continuation act

what must the contact be

Hostile and be more than trivial or accidental (Wilson v pringle)

how can a force be unlawful

A Force without the victim’s consent

what case links to battery being able to be an indirect act

Dpp v K

mens rea of battery - intent -case

clear deliberate aim or purpose to apply unlawful force on to the victim(Venna)

mens rea of battery- recklessness-case

r v Parmenter this clarified that the defendant must foresee the risk that the unlawful foresees might be applied to someone but goes ahead with it regardless.